Three months into a high-profile investigation of Whatcom County administration’s role in a sexual harassment settlement, county council members have no meaningful or substantial updates for the public.
The council’s investigative subcommittee made up of council members Ben Elenbaas, Barry Buchanan and Todd Donovan provided the first update on employee interviews to the rest of the council in an executive session Tuesday morning, July 23.
Their closed-door presentation included a timeline of events and some of the “raw data” from interviews with county workers, Buchanan said.
The subcommittee has conducted about a dozen interviews over the last three months.
At this week’s meeting, Buchanan said there were at “at least two, maybe more” interviews that still needed to be conducted.
“We can’t really summarize what we’ve presented so far, until we conduct the rest of the interviews,” Donovan said at the meeting.
The council unanimously voted in late April to initiate a formal investigation into the county’s handling of sexual harassment and retaliation allegations against former Public Works Director Jon Hutchings and the subsequent settlement of $225,000 to a female employee.
The move came after a 10-day firestorm of statements, rebuttals and official actions as county leaders grappled with calls for change and more transparency in the wake of a Cascade PBS investigation that blindsided council members.
The announcement of a formal probe on May 7 was applauded by nearly 100 Whatcom County employees in a letter to the council in May. The letter stated that regular communication and updates on progress in the investigation was vital “to regain our trust and confidence in the County’s commitment to its employees.”
“We believe that by addressing these concerns promptly and transparently, the County Administration can demonstrate its commitment to the well-being of Whatcom County employees and work towards creating an environment where everyone feels safe, respected, and valued,” the letter stated.
County employees have not received any additional updates from the county council outside the limited information presented during public meetings — mostly articulating that it’s a slow process.
In a previous council meeting, Buchanan explained that the investigation has been hampered by scheduling conflicts as the three council members on the subcommittee and those being interviewed have struggled to find days and times to meet.
Clearly frustrated, council member Mark Stremler said at a meeting on July 9 that the long delay was bogging down the process as public outrage over the handling of the incident potentially dissipated. He said he didn’t want “time to heal” the issue — he wanted answers.
Stremler failed to raise similar concerns at the most recent meeting on Tuesday.
County Executive Satpal Sidhu grappled with calls for change and more transparency following ongoing reporting on the handling of the human resource issue. In late April, Sidhu stated Whatcom County’s handling of the allegations pointed toward “systemic issues in reporting protocols, transparency and action steps.”
“I see that the committee has been thorough in its approach and constructive in its intent,” Sidhu told Cascadia Daily News on July 10. “I continue to support the committee’s work and look forward to seeing the policy recommendations that come out of this effort.”
This week, Buchanan floated the idea of starting to define a scope for a request for proposal to hire an outside attorney or human resource consultant to further examine the issue. The idea fell flat in the room, leaving the council member to suggest “we should all noodle a little bit on this” based on the information presented earlier in the morning.
Eventually, council member Jon Scanlon did speak up to advocate for establishing a clear scope of work for an outside expert focused on human resource practices. He also suggested looking at how other public employers rebuild trust in the system.
“We know we have that issue here,” Scanlon said.
During the 12-minute discussion on the topic, it became clear that the council members weren’t even sure if they needed to create a request for proposal, which had been a central point since launching the investigation.
Deputy Prosecutor George Roche, who handled the Hutchings’ incident for the county’s Human Resources Department, told the council that it would be possible to retain an outside legal advisor under the scope of his authority – expediting the process.
But questions have been raised about a conflict of interest if outside counsel was not retained.
The November 2023 settlement, paid with money in the county’s Tort fund, was authorized by the prosecuting attorney’s office, the county confirmed.
The suggestions of hiring outside counsel to review the county’s current human resource practices was first floated in May. The months-long council investigation has been framed as a preamble to securing an expert analysis.
Donovan asked that the council, however it moves forward, ensure that the outside consultant does not have any present connections with Whatcom County government.
“I’m sure that this timeline isn’t satisfactory to everyone,” Elenbaas said. “But in order to be thorough, I think we need the time to talk to everyone.”
Timeline of council actions/revelations
April 19: A Cascade PBS investigation broke the news that the county quietly paid a $225,000 settlement to a female county employee in the wake of allegations of sexual harassment and workplace retaliation.
April 23: CDN revealed that Whatcom County Council members were left in the dark about allegations of sexual harassment levied against Jon Hutchings and the resulting $225,000 settlement.
April 24: The executive board of the Whatcom Democrats issued an open letter calling for Sidhu to resign. The letter accused Sidhu and his team of failing to appropriately address sexual harassment allegations.
April 25: Sidhu issued a statement refusing to resign over his handling of sexual harassment allegations against Hutchings. He said he welcomed calls for more clarity and transparency around the situation.
April 29: Sidhu issued a public letter admitting to an “error in judgment” for signing a letter helping Hutchings get a new job in Lynden.
April 30: The Whatcom County Council unanimously voted to launch a formal investigation into the county’s handling of sexual harassment and retaliation allegations against Hutchings and subsequent settlement of $225,000 to a female employee.
May 4: CDN revealed that Former County Council member Kathy Kershner wrote her own glowing letter of reference for Hutchings on county letterhead as he sought work after resigning in October 2022.
May 7: Three Whatcom County Council members formed an investigative committee to oversee a formal review of county actions.
May 23: A CDN investigation explained the loophole that was used by the county to pay the $225,000 settlement without informing the county council of the matter.
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.